[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8392-S8399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4780. Mr. PETERS (for himself, Mr. Portman, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 3867 
submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

 DIVISION E--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT ACT OF 2021

     SEC. 5101. SHORT TITLE.

       This division may be cited as the ``Inspector General 
     Independence and Empowerment Act of 2021''.

                TITLE LI--INSPECTOR GENERAL INDEPENDENCE

     SEC. 5111. SHORT TITLE.

       This title may be cited as the ``Securing Inspector General 
     Independence Act of 2021''.

     SEC. 5112. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; 
                   PLACEMENT ON NON-DUTY STATUS.

       (a) In General.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--

[[Page S8393]]

       (1) in section 3(b)--
       (A) by inserting ``(1)(A)'' after ``(b)'';
       (B) in paragraph (1), as so designated--
       (i) in subparagraph (A), as so designated, in the second 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (ii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(2)(A) Subject to the other provisions of this paragraph, 
     only the President may place an Inspector General on non-duty 
     status.
       ``(B) If the President places an Inspector General on non-
     duty status, the President shall communicate in writing the 
     substantive rationale, including detailed and case-specific 
     reasons, for the change in status to both Houses of Congress 
     (including to the appropriate congressional committees) not 
     later than 15 days before the date on which the change in 
     status takes effect, except that the President may submit 
     that communication not later than the date on which the 
     change in status takes effect if--
       ``(i) the President has made a determination that the 
     continued presence of the Inspector General in the workplace 
     poses a threat described in any of clauses (i) through (iv) 
     of section 6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) in the communication, the President includes a 
     report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the President 
     has determined applies under clause (i) of this subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) The President may not place an Inspector General on 
     non-duty status during the 30-day period preceding the date 
     on which the Inspector General is removed or transferred 
     under paragraph (1)(A) unless the President--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) For the purposes of this paragraph--
       ``(i) the term `Inspector General'--
       ``(I) means an Inspector General who was appointed by the 
     President, without regard to whether the Senate provided 
     advice and consent with respect to that appointment; and
       ``(II) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for Afghanistan Reconstruction, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery; and
       ``(ii) a reference to the removal or transfer of an 
     Inspector General under paragraph (1), or to the written 
     communication described in that paragraph, shall be 
     considered to be--
       ``(I) in the case of the Inspector General of the 
     Intelligence Community, a reference to section 103H(c)(4) of 
     the National Security Act of 1947 (50 U.S.C. 3033(c)(4));
       ``(II) in the case of the Inspector General of the Central 
     Intelligence Agency, a reference to section 17(b)(6) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(b)(6));
       ``(III) in the case of the Special Inspector General for 
     Afghanistan Reconstruction, a reference to section 1229(c)(6) 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 378);
       ``(IV) in the case of the Special Inspector General for the 
     Troubled Asset Relief Program, a reference to section 
     121(b)(4) of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5231(b)(4)); and
       ``(V) in the case of the Special Inspector General for 
     Pandemic Recovery, a reference to section 4018(b)(3) of the 
     CARES Act (15 U.S.C. 9053(b)(3)).''; and
       (2) in section 8G(e)--
       (A) in paragraph (1), by inserting ``or placement on non-
     duty status'' after ``a removal'';
       (B) in paragraph (2)--
       (i) by inserting ``(A)'' after ``(2)'';
       (ii) in subparagraph (A), as so designated, in the first 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (II) by inserting ``(including to the appropriate 
     congressional committees)'' after ``Houses of Congress''; and

       (iii) by adding at the end the following:
       ``(B) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under subparagraph (A), the written 
     communication required under that subparagraph shall--
       ``(i) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(ii) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''; and
       (C) by adding at the end the following:
       ``(3)(A) Subject to the other provisions of this paragraph, 
     only the head of the applicable designated Federal entity 
     (referred to in this paragraph as the `covered official') may 
     place an Inspector General on non-duty status.
       ``(B) If a covered official places an Inspector General on 
     non-duty status, the covered official shall communicate in 
     writing the substantive rationale, including detailed and 
     case-specific reasons, for the change in status to both 
     Houses of Congress (including to the appropriate 
     congressional committees) not later than 15 days before the 
     date on which the change in status takes effect, except that 
     the covered official may submit that communication not later 
     than the date on which the change in status takes effect if--
       ``(i) the covered official has made a determination that 
     the continued presence of the Inspector General in the 
     workplace poses a threat described in any of clauses (i) 
     through (iv) of section 6329b(b)(2)(A) of title 5, United 
     States Code; and
       ``(ii) in the communication, the covered official includes 
     a report on the determination described in clause (i), which 
     shall include--
       ``(I) a specification of which clause of section 
     6329b(b)(2)(A) of title 5, United States Code, the covered 
     official has determined applies under clause (i) of this 
     subparagraph;
       ``(II) the substantive rationale, including detailed and 
     case-specific reasons, for the determination made under 
     clause (i);
       ``(III) an identification of each entity that is 
     conducting, or that conducted, any inquiry upon which the 
     determination under clause (i) was made; and
       ``(IV) in the case of an inquiry described in subclause 
     (III) that is completed, the findings made during that 
     inquiry.
       ``(C) A covered official may not place an Inspector General 
     on non-duty status during the 30-day period preceding the 
     date on which the Inspector General is removed or transferred 
     under paragraph (2)(A) unless the covered official--
       ``(i) has made a determination that the continued presence 
     of the Inspector General in the workplace poses a threat 
     described in any of clauses (i) through (iv) of section 
     6329b(b)(2)(A) of title 5, United States Code; and
       ``(ii) not later than the date on which the change in 
     status takes effect, submits to both Houses of Congress 
     (including to the appropriate congressional committees) a 
     written communication that contains the information required 
     under subparagraph (B), including the report required under 
     clause (ii) of that subparagraph.
       ``(D) Nothing in this paragraph may be construed to limit 
     or otherwise modify--
       ``(i) any statutory protection that is afforded to an 
     Inspector General; or
       ``(ii) any other action that a covered official may take 
     under law with respect to an Inspector General.''.
       (b) Technical and Conforming Amendment.--Section 12(3) of 
     the Inspector General Act of 1978 (5 U.S.C. App.) is amended 
     by inserting ``except as otherwise expressly provided,'' 
     before ``the term''.

     SEC. 5113. VACANCY IN POSITION OF INSPECTOR GENERAL.

       (a) In General.--Section 3 of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by adding at the end the 
     following:
       ``(h)(1) In this subsection--
       ``(A) the term `first assistant to the position of 
     Inspector General' means, with respect to an Office of 
     Inspector General--
       ``(i) an individual who, as of the day before the date on 
     which the Inspector General dies, resigns, or otherwise 
     becomes unable to perform the functions and duties of that 
     position--
       ``(I) is serving in a position in that Office; and
       ``(II) has been designated in writing by the Inspector 
     General, through an order of succession or otherwise, as the 
     first assistant to the position of Inspector General; or
       ``(ii) if the Inspector General has not made a designation 
     described in clause (i)(II)--
       ``(I) the Principal Deputy Inspector General of that 
     Office, as of the day before the date on which the Inspector 
     General dies, resigns, or otherwise becomes unable to perform 
     the functions and duties of that position; or
       ``(II) if there is no Principal Deputy Inspector General of 
     that Office, the Deputy Inspector General of that Office, as 
     of the day before the date on which the Inspector General 
     dies, resigns, or otherwise becomes unable to perform the 
     functions and duties of that position; and
       ``(B) the term `Inspector General'--
       ``(i) means an Inspector General who is appointed by the 
     President, by and with the advice and consent of the Senate; 
     and

[[Page S8394]]

       ``(ii) includes the Inspector General of an establishment, 
     the Inspector General of the Intelligence Community, the 
     Inspector General of the Central Intelligence Agency, the 
     Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     Recovery.
       ``(2) If an Inspector General dies, resigns, or is 
     otherwise unable to perform the functions and duties of the 
     position--
       ``(A) section 3345(a) of title 5, United States Code, and 
     section 103(e) of the National Security Act of 1947 (50 
     U.S.C. 3025(e)) shall not apply;
       ``(B) subject to paragraph (4), the first assistant to the 
     position of Inspector General shall perform the functions and 
     duties of the Inspector General temporarily in an acting 
     capacity subject to the time limitations of section 3346 of 
     title 5, United States Code; and
       ``(C) notwithstanding subparagraph (B), and subject to 
     paragraphs (4) and (5), the President (and only the 
     President) may direct an officer or employee of any Office of 
     an Inspector General to perform the functions and duties of 
     the Inspector General temporarily in an acting capacity 
     subject to the time limitations of section 3346 of title 5, 
     United States Code, only if--
       ``(i) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     Inspector General, the officer or employee served in a 
     position in an Office of an Inspector General for not less 
     than 90 days, except that--
       ``(I) the requirement under this clause shall not apply if 
     the officer is an Inspector General; and
       ``(II) for the purposes of this subparagraph, performing 
     the functions and duties of an Inspector General temporarily 
     in an acting capacity does not qualify as service in a 
     position in an Office of an Inspector General;
       ``(ii) the rate of pay for the position of the officer or 
     employee described in clause (i) is equal to or greater than 
     the minimum rate of pay payable for a position at GS-15 of 
     the General Schedule;
       ``(iii) the officer or employee has demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations; and
       ``(iv) not later than 30 days before the date on which the 
     direction takes effect, the President communicates in writing 
     to both Houses of Congress (including to the appropriate 
     congressional committees) the substantive rationale, 
     including the detailed and case-specific reasons, for such 
     direction, including the reason for the direction that 
     someone other than the individual who is performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity (as of the date on which the President 
     issues that direction) perform those functions and duties 
     temporarily in an acting capacity.
       ``(3) Notwithstanding section 3345(a) of title 5, United 
     States Code, section 103(e) of the National Security Act of 
     1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of 
     paragraph (2), and subject to paragraph (4), during any 
     period in which an Inspector General is on non-duty status--
       ``(A) the first assistant to the position of Inspector 
     General shall perform the functions and duties of the 
     position temporarily in an acting capacity subject to the 
     time limitations of section 3346 of title 5, United States 
     Code; and
       ``(B) if the first assistant described in subparagraph (A) 
     dies, resigns, or becomes otherwise unable to perform those 
     functions and duties, the President (and only the President) 
     may direct an officer or employee in that Office of Inspector 
     General to perform those functions and duties temporarily in 
     an acting capacity, subject to the time limitations of 
     section 3346 of title 5, United States Code, if--
       ``(i) that direction satisfies the requirements under 
     clauses (ii), (iii), and (iv) of paragraph (2)(C); and
       ``(ii) that officer or employee served in a position in 
     that Office of Inspector General for not fewer than 90 of the 
     365 days preceding the date on which the President makes that 
     direction.
       ``(4) An individual may perform the functions and duties of 
     an Inspector General temporarily and in an acting capacity 
     under subparagraph (B) or (C) of paragraph (2), or under 
     paragraph (3), with respect to only 1 Inspector General 
     position at any given time.
       ``(5) If the President makes a direction under paragraph 
     (2)(C), during the 30-day period preceding the date on which 
     the direction of the President takes effect, the functions 
     and duties of the position of the applicable Inspector 
     General shall be performed by--
       ``(A) the first assistant to the position of Inspector 
     General; or
       ``(B) the individual performing those functions and duties 
     temporarily in an acting capacity, as of the date on which 
     the President issues that direction, if that individual is an 
     individual other than the first assistant to the position of 
     Inspector General.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to limit the applicability of 
     sections 3345 through 3349d of title 5, United States Code 
     (commonly known as the ``Federal Vacancies Reform Act of 
     1998''), other than with respect to section 3345(a) of that 
     title.
       (c) Effective Date.--
       (1) Definition.--In this subsection, the term ``Inspector 
     General'' has the meaning given the term in subsection 
     (h)(1)(B) of section 3 of the Inspector General Act of 1978 
     (5 U.S.C. App.), as added by subsection (a) of this section.
       (2) Applicability.--
       (A) In general.--Except as provided in subparagraph (B), 
     this section, and the amendments made by this section, shall 
     take effect on the date of enactment of this Act.
       (B) Existing vacancies.--If, as of the date of enactment of 
     this Act, an individual is performing the functions and 
     duties of an Inspector General temporarily in an acting 
     capacity, this section, and the amendments made by this 
     section, shall take effect with respect to that Inspector 
     General position on the date that is 30 days after the date 
     of enactment of this Act.

     SEC. 5114. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER 
                   COMPLAINTS.

       (a) Whistleblower Protection Coordinator.--Section 
     3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in clause (i), in the matter preceding subclause (I), 
     by inserting ``, including employees of that Office of 
     Inspector General'' after ``employees''; and
       (2) in clause (iii), by inserting ``(including the 
     Integrity Committee of that Council)'' after ``and 
     Efficiency''.
       (b) Council of the Inspectors General on Integrity and 
     Efficiency.--Section 11(c)(5)(B) of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended by striking ``, 
     allegations of reprisal,'' and inserting the following: ``and 
     allegations of reprisal (including the timely and appropriate 
     handling and consideration of protected disclosures and 
     allegations of reprisal that are internal to an Office of 
     Inspector General)''.

TITLE LII--PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
                                GENERAL

     SEC. 5121. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN 
                   INSPECTOR GENERAL.

       (a) In General.--Subchapter III of chapter 33 of title 5, 
     United States Code, is amended by inserting after section 
     3349d the following:

     ``Sec. 3349e. Presidential explanation of failure to nominate 
       an inspector general

       ``If the President fails to make a formal nomination for a 
     vacant inspector general position that requires a formal 
     nomination by the President to be filled within the period 
     beginning on the later of the date on which the vacancy 
     occurred or on which a nomination is rejected, withdrawn, or 
     returned, and ending on the day that is 210 days after that 
     date, the President shall communicate, within 30 days after 
     the end of such period and not later than June 1 of each year 
     thereafter, to the appropriate congressional committees, as 
     defined in section 12 of the Inspector General Act of 1978 (5 
     U.S.C. App.)--
       ``(1) the reasons why the President has not yet made a 
     formal nomination; and
       ``(2) a target date for making a formal nomination.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter III of chapter 33 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 3349d the following:

``3349e. Presidential explanation of failure to nominate an Inspector 
              General.''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect--
       (1) on the date of enactment of this Act with respect to 
     any vacancy first occurring on or after that date; and
       (2) on the day that is 210 days after the date of enactment 
     of this Act with respect to any vacancy that occurred before 
     the date of enactment of this Act.

TITLE LIII--INTEGRITY COMMITTEE OF THE COUNCIL OF INSPECTORS GENERAL ON 
                 INTEGRITY AND EFFICIENCY TRANSPARENCY

     SEC. 5131. SHORT TITLE.

       This title may be cited as the ``Integrity Committee 
     Transparency Act of 2021''.

     SEC. 5132. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS 
                   AND REPORTS TO CONGRESS.

       Section 11(d) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in paragraph (5)(B)(ii), by striking the period at the 
     end and inserting ``, the length of time the Integrity 
     Committee has been evaluating the allegation of wrongdoing, 
     and a description of any previous written notice provided 
     under this clause with respect to the allegation of 
     wrongdoing, including the description provided for why 
     additional time was needed.''; and
       (2) in paragraph (8)(A)(ii), by inserting ``or corrective 
     action'' after ``disciplinary action''.

     SEC. 5133. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN 
                   ALLEGATIONS OF WRONGDOING CLOSED WITHOUT 
                   REFERRAL.

       Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(iii) Availability of information to congress on certain 
     allegations of wrongdoing closed without referral.--

       ``(I) In general.--With respect to an allegation of 
     wrongdoing made by a member of Congress that is closed by the 
     Integrity Committee without referral to the Chairperson of 
     the Integrity Committee to initiate an investigation, the 
     Chairperson of

[[Page S8395]]

     the Integrity Committee shall, not later than 60 days after 
     closing the allegation of wrongdoing, provide a written 
     description of the nature of the allegation of wrongdoing and 
     how the Integrity Committee evaluated the allegation of 
     wrongdoing to--

       ``(aa) the Chair and Ranking Minority Member of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       ``(bb) the Chair and Ranking Minority Member of the 
     Committee on Oversight and Reform of the House of 
     Representatives.

       ``(II) Requirement to forward.--The Chairperson of the 
     Integrity Committee shall forward any written description or 
     update provided under this clause to the members of the 
     Integrity Committee and to the Chairperson of the Council.''.

     SEC. 5134. SEMIANNUAL REPORT.

       Section 11(d)(9) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended to read as follows:
       ``(9) Semiannual report.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council shall submit to 
     Congress and the President a report on the activities of the 
     Integrity Committee during the immediately preceding 6-month 
     periods ending March 31 and September 30, which shall include 
     the following with respect to allegations of wrongdoing that 
     are made against Inspectors General and staff members of the 
     various Offices of Inspector General described in paragraph 
     (4)(C):
       ``(A) An overview and analysis of the allegations of 
     wrongdoing disposed of by the Integrity Committee, 
     including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(B) The number of allegations received by the Integrity 
     Committee.
       ``(C) The number of allegations referred to the Department 
     of Justice or the Office of Special Counsel, including the 
     number of allegations referred for criminal investigation.
       ``(D) The number of allegations referred to the Chairperson 
     of the Integrity Committee for investigation, a general 
     description of the status of such investigations, and a 
     summary of the findings of investigations completed.
       ``(E) An overview and analysis of allegations of wrongdoing 
     received by the Integrity Committee during any previous 
     reporting period, but remained pending during some part of 
     the six months covered by the report, including--
       ``(i) analysis of the positions held by individuals against 
     whom allegations were made, including the duties affiliated 
     with such positions;
       ``(ii) analysis of the categories or types of the 
     allegations of wrongdoing; and
       ``(iii) a summary of disposition of all the allegations.
       ``(F) The number and category or type of pending 
     investigations.
       ``(G) For each allegation received--
       ``(i) the date on which the investigation was opened;
       ``(ii) the date on which the allegation was disposed of, as 
     applicable; and
       ``(iii) the case number associated with the allegation.
       ``(H) The nature and number of allegations to the Integrity 
     Committee closed without referral, including the 
     justification for why each allegation was closed without 
     referral.
       ``(I) A brief description of any difficulty encountered by 
     the Integrity Committee when receiving, evaluating, 
     investigating, or referring for investigation an allegation 
     received by the Integrity Committee, including a brief 
     description of--
       ``(i) any attempt to prevent or hinder an investigation; or
       ``(ii) concerns about the integrity or operations at an 
     Office of Inspector General.
       ``(J) Other matters that the Council considers 
     appropriate.''.

     SEC. 5135. ADDITIONAL REPORTS.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Additional Reports.--
       ``(1) Report to inspector general.--The Chairperson of the 
     Integrity Committee of the Council of the Inspectors General 
     on Integrity and Efficiency shall, immediately whenever the 
     Chairperson of the Integrity Committee becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration of programs and 
     operations of an Office of Inspector General for which the 
     Integrity Committee may receive, review, and refer for 
     investigation allegations of wrongdoing under section 11(d), 
     submit a report to the Inspector General who leads the Office 
     at which the serious or flagrant problems, abuses, or 
     deficiencies were alleged.
       ``(2) Report to president, congress, and the 
     establishment.--Not later than 7 days after the date on which 
     an Inspector General receives a report submitted under 
     paragraph (1), the Inspector General shall submit to the 
     President, the appropriate congressional committees, and the 
     head of the establishment--
       ``(A) the report received under paragraph (1); and
       ``(B) a report by the Inspector General containing any 
     comments the Inspector General determines appropriate.''.

     SEC. 5136. REQUIREMENT TO REPORT FINAL DISPOSITION TO 
                   CONGRESS.

       Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by inserting ``and the appropriate 
     congressional committees'' after ``Integrity Committee''.

     SEC. 5137. INVESTIGATIONS OF OFFICES OF INSPECTORS GENERAL OF 
                   ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.

       Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended by inserting ``, and that an 
     investigation of an Office of Inspector General of an 
     establishment is conducted by another Office of Inspector 
     General of an establishment'' after ``size''.

    TITLE LIV--TESTIMONIAL SUBPOENA AUTHORITY FOR INSPECTORS GENERAL

     SEC. 5141. SHORT TITLE.

       This title may be cited as the ``IG Testimonial Subpoena 
     Authority Act''.

     SEC. 5142. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS 
                   GENERAL.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) by inserting after section 6 the following:

     ``SEC. 6A. ADDITIONAL AUTHORITY.

       ``(a) Definitions.--In this section--
       ``(1) the term `Chairperson' means the Chairperson of the 
     Council of the Inspectors General on Integrity and 
     Efficiency;
       ``(2) the term `Inspector General'--
       ``(A) means an Inspector General of an establishment or a 
     designated Federal entity (as defined in section 8G(a)); and
       ``(B) includes--
       ``(i) the Inspector General of the Central Intelligence 
     Agency established under section 17 of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517);
       ``(ii) the Inspector General of the Intelligence Community 
     established under section 103H of the National Security Act 
     of 1947 (50 U.S.C. 3033);
       ``(iii) the Special Inspector General for Afghanistan 
     Reconstruction established under section 1229 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 379);
       ``(iv) the Special Inspector General for the Troubled Asset 
     Relief Plan established under section 121 of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5231); and
       ``(v) the Special Inspector General for Pandemic Recovery 
     established under section 4018 of the CARES Act (15 U.S.C. 
     9053); and
       ``(3) the term `Subpoena Panel' means the panel to which 
     requests for approval to issue a subpoena are submitted under 
     subsection (e).
       ``(b) Testimonial Subpoena Authority.--
       ``(1) In general.--In addition to the authority otherwise 
     provided by this Act and in accordance with the requirements 
     of this section, each Inspector General, in carrying out the 
     provisions of this Act or the provisions of the authorizing 
     statute of the Inspector General, as applicable, is 
     authorized to require by subpoena the attendance and 
     testimony of witnesses as necessary in the performance of an 
     audit, inspection, evaluation, or investigation, which 
     subpoena, in the case of contumacy or refusal to obey, shall 
     be enforceable by order of any appropriate United States 
     district court.
       ``(2) Prohibition.--An Inspector General may not require by 
     subpoena the attendance and testimony of a Federal employee 
     or employee of a designated Federal entity, but may use other 
     authorized procedures.
       ``(3) Determination by inspector general.--The 
     determination of whether a matter constitutes an audit, 
     inspection, evaluation, or investigation shall be at the 
     discretion of the applicable Inspector General.
       ``(c) Limitation on Delegation.--The authority to issue a 
     subpoena under subsection (b) may only be delegated to an 
     official performing the functions and duties of an Inspector 
     General when the Inspector General position is vacant or when 
     the Inspector General is unable to perform the functions and 
     duties of the Office of the Inspector General.
       ``(d) Notice to Attorney General.--
       ``(1) In general.--Not less than 10 days before submitting 
     a request for approval to issue a subpoena to the Subpoena 
     Panel under subsection (e), an Inspector General shall--
       ``(A) notify the Attorney General of the plan of the 
     Inspector General to issue the subpoena; and
       ``(B) take into consideration any information provided by 
     the Attorney General relating to the subpoena.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to prevent an Inspector General from submitting 
     to the Subpoena Panel under subsection (e) a request for 
     approval to issue a subpoena if 10 or more days have elapsed 
     since the date on which the Inspector General submits to the 
     Attorney General the notification required under paragraph 
     (1)(A) with respect to that subpoena.
       ``(e) Panel Review Before Issuance.--
       ``(1) Approval required.--
       ``(A) Request for approval by subpoena panel.--Before the 
     issuance of a subpoena described in subsection (b), an 
     Inspector General shall submit to a panel a request for 
     approval to issue the subpoena, which shall include a 
     determination by the Inspector General that--

[[Page S8396]]

       ``(i) the testimony is likely to be reasonably relevant to 
     the audit, inspection, evaluation, or investigation for which 
     the subpoena is sought; and
       ``(ii) the information to be sought cannot be reasonably 
     obtained through other means.
       ``(B) Composition of subpoena panel.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     Subpoena Panel shall be comprised of 3 inspectors general 
     appointed by the President and confirmed by the Senate, who 
     shall be randomly drawn by the Chairperson or a designee of 
     the Chairperson from a pool of all such inspectors general.
       ``(ii) Classified information.--If consideration of a 
     request for a subpoena submitted under subparagraph (A) would 
     require access to classified information, the Chairperson or 
     a designee of the Chairperson may limit the pool of 
     inspectors general described in clause (i) to appropriately 
     cleared inspectors general.
       ``(iii) Confirmation of availability.--If an inspector 
     general drawn from the pool described in clause (i) does not 
     confirm their availability to serve on the Subpoena Panel 
     within 24 hours of receiving a notification from the 
     Chairperson or a designee of the Chairperson regarding 
     selection for the Subpoena Panel, the Chairperson or a 
     designee of the Chairperson may randomly draw a new inspector 
     general from the pool to serve on the Subpoena Panel.
       ``(C) Contents of request.--The request described in 
     subparagraph (A) shall include any information provided by 
     the Attorney General related to the subpoena, which the 
     Attorney General requests that the Subpoena Panel consider.
       ``(D) Protection from disclosure.--
       ``(i) In general.--The information contained in a request 
     submitted by an Inspector General under subparagraph (A) and 
     the identification of a witness shall be protected from 
     disclosure to the extent permitted by law.
       ``(ii) Request for disclosure.--Any request for disclosure 
     of the information described in clause (i) shall be submitted 
     to the Inspector General requesting the subpoena.
       ``(2) Time to respond.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Subpoena Panel shall approve or deny a request for 
     approval to issue a subpoena submitted under paragraph (1) 
     not later than 10 days after the submission of the request.
       ``(B) Additional information for panel.--If the Subpoena 
     Panel determines that additional information is necessary to 
     approve or deny a request for approval to issue a subpoena 
     submitted by an Inspector General under paragraph (1), the 
     Subpoena Panel shall--
       ``(i) request that information; and
       ``(ii) approve or deny the request for approval submitted 
     by the Inspector General not later than 20 days after the 
     Subpoena Panel submits the request for information under 
     clause (i).
       ``(3) Approval by panel.--If all members of the Subpoena 
     Panel unanimously approve a request for approval to issue a 
     subpoena submitted by an Inspector General under paragraph 
     (1), the Inspector General may issue the subpoena.
       ``(4) Notice to council and attorney general.--Upon 
     issuance of a subpoena by an Inspector General under 
     subsection (b), the Inspector General shall provide 
     contemporaneous notice of such issuance to the Chairperson or 
     a designee of the Chairperson and to the Attorney General.
       ``(f) Semiannual Reporting.--On or before May 31, 2022, and 
     every 6 months thereafter, the Council of the Inspectors 
     General on Integrity and Efficiency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, and the Comptroller General of the 
     United States a report on the use of subpoenas described in 
     subsection (b) in any audit, inspection, evaluation, or 
     investigation that concluded during the immediately preceding 
     6-month periods ending March 31 and September 30, which shall 
     include--
       ``(1) a list of each Inspector General that has submitted a 
     request for approval of a subpoena to the Subpoena Panel;
       ``(2) for each applicable Inspector General, the number of 
     subpoenas submitted to the Subpoena Panel, approved by the 
     Subpoena Panel, and disapproved by the Subpoena Panel;
       ``(3) for each subpoena submitted to the Subpoena Panel for 
     approval--
       ``(A) an anonymized description of the individual or 
     organization to whom the subpoena was directed;
       ``(B) the date on which the subpoena request was sent to 
     the Attorney General, the date on which the Attorney General 
     responded, and whether the Attorney General provided 
     information regarding the subpoena request, including whether 
     the Attorney General opposed issuance of the proposed 
     subpoena;
       ``(C) the members of the Subpoena Panel considering the 
     subpoena;
       ``(D) the date on which the subpoena request was sent to 
     the Subpoena Panel, the date on which the Subpoena Panel 
     approved or disapproved the subpoena request, and the 
     decision of the Subpoena Panel; and
       ``(E) the date on which the subpoena was issued, if 
     approved; and
       ``(4) any other information the Council of the Inspectors 
     General on Integrity and Efficiency considers appropriate to 
     include.
       ``(g) Training and Standards.--The Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General, shall promulgate 
     standards and provide training relating to the issuance of 
     subpoenas, conflicts of interest, and any other matter the 
     Council determines necessary to carry out this section.
       ``(h) Applicability.--The provisions of this section shall 
     not affect the exercise of authority by an Inspector General 
     of testimonial subpoena authority established under another 
     provision of law.
       ``(i) Termination.--The authorities provided under 
     subsection (b) shall terminate on January 1, 2027, provided 
     that this subsection shall not affect the enforceability of a 
     subpoena issued on or before December 31, 2026.'';
       (2) in section 5(a), as amended by section 903 of this 
     Act--
       (A) in paragraph (16)(B), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (B) by adding at the end the following:
       ``(17) a description of the use of subpoenas for the 
     attendance and testimony of certain witnesses authorized 
     under section 6A.''; and
       (3) in section 8G(g)(1), by inserting ``6A,'' before ``and 
     7''.

     SEC. 5143. REVIEW BY THE COMPTROLLER GENERAL.

       Not later than January 1, 2026, the Comptroller General of 
     the United States shall submit to the appropriate 
     congressional committees a report reviewing the use of 
     testimonial subpoena authority, which shall include--
       (1) a summary of the information included in the semiannual 
     reports to Congress under section 6A(f) of the Inspector 
     General Act of 1978 (5 U.S.C. App.), as added by this title, 
     including an analysis of any patterns and trends identified 
     in the use of the authority during the reporting period;
       (2) a review of subpoenas issued by inspectors general on 
     and after the date of enactment of this Act to evaluate 
     compliance with this Act by the respective inspector general, 
     the Subpoena Panel, and the Council of the Inspectors General 
     on Integrity and Efficiency; and
       (3) any additional analysis, evaluation, or recommendation 
     based on observations or information gathered by the 
     Comptroller General of the United States during the course of 
     the review.

      TITLE LV--INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL

     SEC. 5151. SHORT TITLE.

       This title may be cited as the ``Inspector General Access 
     Act of 2021''.

     SEC. 5152. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and paragraph (3)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (D) in paragraph (4), as redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (2) in subsection (d), by striking ``, except with respect 
     to allegations described in subsection (b)(3),''.

 TITLE LVI--NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN 
                      STATUS OF INSPECTOR GENERAL

     SEC. 5161. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A 
                   CHANGE IN STATUS OF INSPECTOR GENERAL.

       Section 5 of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by inserting after subsection (e), as added 
     by section 5135 of this division, the following:
       ``(f) Not later than 15 days after an Inspector General is 
     removed, placed on paid or unpaid non-duty status, or 
     transferred to another position or location within an 
     establishment, the officer or employee performing the 
     functions and duties of the Inspector General temporarily in 
     an acting capacity shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives information regarding work being conducted by 
     the Office as of the date on which the Inspector General was 
     removed, placed on paid or unpaid non-duty status, or 
     transferred, which shall include--
       ``(1) for each investigation--
       ``(A) the type of alleged offense;
       ``(B) the fiscal quarter in which the Office initiated the 
     investigation;
       ``(C) the relevant Federal agency, including the relevant 
     component of that Federal agency for any Federal agency 
     listed in section 901(b) of title 31, United States Code, 
     under investigation or affiliated with the individual or 
     entity under investigation; and
       ``(D) whether the investigation is administrative, civil, 
     criminal, or a combination thereof, if known; and
       ``(2) for any work not described in paragraph (1)--
       ``(A) a description of the subject matter and scope;
       ``(B) the relevant agency, including the relevant component 
     of that Federal agency, under review;
       ``(C) the date on which the Office initiated the work; and
       ``(D) the expected time frame for completion.''.

[[Page S8397]]

  


    TITLE LVII--COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND 
                   EFFICIENCY REPORT ON EXPENDITURES

     SEC. 5171. CIGIE REPORT ON EXPENDITURES.

       Section 11(c)(3) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following:
       ``(D) Report on expenditures.--Not later than November 30 
     of each year, the Chairperson shall submit to the appropriate 
     committees or subcommittees of Congress, including the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives, a report 
     on the expenditures of the Council for the preceding fiscal 
     year, including from direct appropriations to the Council, 
     interagency funding pursuant to subparagraph (A), a revolving 
     fund pursuant to subparagraph (B), or any other source.''.

  TITLE LVIII--NOTICE OF REFUSAL TO PROVIDE INSPECTORS GENERAL ACCESS

     SEC. 5181. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR 
                   ASSISTANCE TO INSPECTORS GENERAL.

       Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by adding at the end the following:
       ``(3) If the information or assistance that is the subject 
     of a report under paragraph (2) is not provided to the 
     Inspector General by the date that is 30 days after the 
     report is made, the Inspector General shall submit a notice 
     that the information or assistance requested has not been 
     provided by the head of the establishment involved or the 
     head of the Federal agency involved, as applicable, to the 
     appropriate congressional committees.''.

 TITLE LIX--TRAINING RESOURCES FOR INSPECTORS GENERAL AND OTHER MATTERS

     SEC. 5191. TRAINING RESOURCES FOR INSPECTORS GENERAL.

        Section 11(c)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) by redesignating subparagraphs (E) through (I) as 
     subparagraphs (F) through (J), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) support the professional development of Inspectors 
     General, including by providing training opportunities on the 
     duties, responsibilities, and authorities under this Act and 
     on topics relevant to Inspectors General and the work of 
     Inspectors General, as identified by Inspectors General and 
     the Council.''.

     SEC. 5192. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 5--
       (A) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (2) in section 6(h)(4)--
       (A) in subparagraph (B), by striking ``Government''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Any other relevant congressional committee or 
     subcommittee of jurisdiction.'';
       (3) in section 8--
       (A) in subsection (b)--
       (i) in paragraph (3), by striking ``the Committees on Armed 
     Services and Governmental Affairs of the Senate and the 
     Committee on Armed Services and the Committee on Government 
     Reform and Oversight of the House of Representatives and to 
     other appropriate committees or subcommittees of the 
     Congress'' and inserting ``the appropriate congressional 
     committees, including the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives''; and
       (ii) in paragraph (4), by striking ``and to other 
     appropriate committees or subcommittees''; and
       (B) in subsection (f)--
       (i) in paragraph (1), by striking ``the Committees on Armed 
     Services and on Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Armed Services and on 
     Oversight and Government Reform of the House of 
     Representatives and to other appropriate committees or 
     subcommittees of Congress'' and inserting ``the appropriate 
     congressional committees, including the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives''; and
       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of the Congress'' and inserting ``congressional 
     committees'';
       (4) in section 8D--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Finance of the Senate and the 
     Committees on Government Operations and Ways and Means of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives''; and
       (B) in subsection (g)--
       (i) in paragraph (1)--

       (I) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (II) by striking ``Committees on Governmental Affairs and 
     Finance of the Senate and the Committees on Government Reform 
     and Oversight and Ways and Means of the House of 
     Representatives'' and inserting ``Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives''; and

       (ii) in paragraph (2), by striking ``committees or 
     subcommittees of Congress'' and inserting ``congressional 
     committees'';
       (5) in section 8E--
       (A) in subsection (a)(3), by striking ``Committees on 
     Governmental Affairs and Judiciary of the Senate and the 
     Committees on Government Operations and Judiciary of the 
     House of Representatives, and to other appropriate committees 
     or subcommittees of the Congress'' and inserting 
     ``appropriate congressional committees, including the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives''; and
       (B) in subsection (c)--
       (i) by striking ``committees or subcommittees of the 
     Congress'' and inserting ``congressional committees''; and
       (ii) by striking ``Committees on the Judiciary and 
     Governmental Affairs of the Senate and the Committees on the 
     Judiciary and Government Operations of the House of 
     Representatives'' and inserting ``Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives'';
       (6) in section 8G--
       (A) in subsection (d)(2)(E), in the matter preceding clause 
     (i), by inserting ``the appropriate congressional committees, 
     including'' after ``are''; and
       (B) in subsection (f)(3)--
       (i) in subparagraph (A)(iii), by striking ``Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Government Reform and Oversight of the House of 
     Representatives, and to other appropriate committees or 
     subcommittees of the Congress'' and inserting ``the 
     appropriate congressional committees''; and
       (ii) by striking subparagraph (C);
       (7) in section 8I--
       (A) in subsection (a)(3), in the matter preceding 
     subparagraph (A), by striking ``committees and subcommittees 
     of Congress'' and inserting ``congressional committees''; and
       (B) in subsection (d), by striking ``committees and 
     subcommittees of Congress'' each place it appears and 
     inserting ``congressional committees'';
       (8) in section 8N(b), by striking ``committees of 
     Congress'' and inserting ``congressional committees'';
       (9) in section 11--
       (A) in subsection (b)(3)(B)(viii)--
       (i) by striking subclauses (III) and (IV);
       (ii) in subclause (I), by adding ``and'' at the end; and
       (iii) by amending subclause (II) to read as follows:

       ``(II) the appropriate congressional committees.''; and

       (B) in subsection (d)(8)(A)(iii), by striking ``to the'' 
     and all that follows through ``jurisdiction'' and inserting 
     ``to the appropriate congressional committees''; and
       (10) in section 12--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Oversight and Reform of the House of 
     Representatives; and
       ``(C) any other relevant congressional committee or 
     subcommittee of jurisdiction.''.

     SEC. 5193. SEMIANNUAL REPORTS.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 4(a)(2)--
       (A) by inserting ``, including'' after ``to make 
     recommendations''; and
       (B) by inserting a comma after ``section 5(a)'';
       (2) in section 5--
       (A) in subsection (a)--
       (i) by striking paragraphs (1) through (12) and inserting 
     the following:
       ``(1) a description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     operations of the establishment and associated reports and 
     recommendations for corrective action made by the Office;
       ``(2) an identification of each recommendation made before 
     the reporting period, for which corrective action has not 
     been completed, including the potential costs savings 
     associated with the recommendation;
       ``(3) a summary of significant investigations closed during 
     the reporting period;
       ``(4) an identification of the total number of convictions 
     during the reporting period resulting from investigations;
       ``(5) information regarding each audit, inspection, or 
     evaluation report issued during the reporting period, 
     including--
       ``(A) a listing of each audit, inspection, or evaluation;
       ``(B) if applicable, the total dollar value of questioned 
     costs (including a separate category for the dollar value of 
     unsupported costs) and the dollar value of recommendations 
     that funds be put to better use, including whether a 
     management decision had been made by the end of the reporting 
     period;
       ``(6) information regarding any management decision made 
     during the reporting period with respect to any audit, 
     inspection, or evaluation issued during a previous reporting 
     period;'';

[[Page S8398]]

       (ii) by redesignating paragraphs (13) through (22) as 
     paragraphs (7) through (16), respectively;
       (iii) by amending paragraph (13), as so redesignated, to 
     read as follows:
       ``(13) a report on each investigation conducted by the 
     Office where allegations of misconduct were substantiated, 
     including the name of the senior Government employee, if 
     already made public by the Office, and a detailed description 
     of--
       ``(A) the facts and circumstances of the investigation; and
       ``(B) the status and disposition of the matter, including--
       ``(i) if the matter was referred to the Department of 
     Justice, the date of the referral; and
       ``(ii) if the Department of Justice declined the referral, 
     the date of the declination;''; and
       (iv) in paragraph (15), as so redesignated, by striking 
     subparagraphs (A) and (B) and inserting the following:
       ``(A) any attempt by the establishment to interfere with 
     the independence of the Office, including--
       ``(i) with budget constraints designed to limit the 
     capabilities of the Office; and
       ``(ii) incidents where the establishment has resisted or 
     objected to oversight activities of the Office or restricted 
     or significantly delayed access to information, including the 
     justification of the establishment for such action; and
       ``(B) a summary of each report made to the head of the 
     establishment under section 6(c)(2) during the reporting 
     period;''; and
       (B) in subsection (b)--
       (i) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) where final action on audit, inspection, and 
     evaluation reports had not been taken before the commencement 
     of the reporting period, statistical tables showing--
       ``(A) with respect to management decisions--
       ``(i) for each report, whether a management decision was 
     made during the reporting period;
       ``(ii) if a management decision was made during the 
     reporting period, the dollar value of disallowed costs and 
     funds to be put to better use as agreed to in the management 
     decision; and
       ``(iii) total number of reports where a management decision 
     was made during the reporting period and the total 
     corresponding dollar value of disallowed costs and funds to 
     be put to better use as agreed to in the management decision; 
     and
       ``(B) with respect to final actions--
       ``(i) whether, if a management decision was made before the 
     end of the reporting period, final action was taken during 
     the reporting period;
       ``(ii) if final action was taken, the dollar value of--

       ``(I) disallowed costs that were recovered by management 
     through collection, offset, property in lieu of cash, or 
     otherwise;
       ``(II) disallowed costs that were written off by 
     management;
       ``(III) disallowed costs and funds to be put to better use 
     not yet recovered or written off by management;
       ``(IV) recommendations that were completed; and
       ``(V) recommendations that management has subsequently 
     concluded should not or could not be implemented or 
     completed; and

       ``(iii) total number of reports where final action was not 
     taken and total number of reports where final action was 
     taken, including the total corresponding dollar value of 
     disallowed costs and funds to be put to better use as agreed 
     to in the management decisions;'';
       (ii) by redesignating paragraph (4) as paragraph (3);
       (iii) in paragraph (3), as so redesignated, by striking 
     ``subsection (a)(20)(A)'' and inserting ``subsection 
     (a)(14)(A)''; and
       (iv) by striking paragraph (5) and inserting the following:
       ``(4) a statement explaining why final action has not been 
     taken with respect to each audit, inspection, and evaluation 
     report in which a management decision has been made but final 
     action has not yet been taken, except that such statement--
       ``(A) may exclude reports if--
       ``(i) a management decision was made within the preceding 
     year; or
       ``(ii) the report is under formal administrative or 
     judicial appeal or management of the establishment has agreed 
     to pursue a legislative solution; and
       ``(B) shall identify the number of reports in each category 
     so excluded.'';
       (C) by redesignating subsection (h), as so redesignated by 
     section 305, as subsection (i); and
       (D) by inserting after subsection (g), as so redesignated 
     by section 305, the following:
       ``(h) If an Office has published any portion of the report 
     or information required under subsection (a) to the website 
     of the Office or on oversight.gov, the Office may elect to 
     provide links to the relevant webpage or website in the 
     report of the Office under subsection (a) in lieu of 
     including the information in that report.''.

     SEC. 5194. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY 
                   NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS 
                   ENTITIES.

       (a) In General.--Section 5(g) of the Inspector General Act 
     of 1978 (5 U.S.C. App.), as so redesignated by section 5135 
     of this division, is amended by adding at the end the 
     following:
       ``(6)(A) Except as provided in subparagraph (B), if an 
     audit, evaluation, inspection, or other non-investigative 
     report prepared by an Inspector General specifically 
     identifies a specific non-governmental organization or 
     business entity, whether or not the non-governmental 
     organization or business entity is the subject of that audit, 
     evaluation, inspection, or non-investigative report--
       ``(i) the Inspector General shall notify the non-
     governmental organization or business entity;
       ``(ii) the non-governmental organization or business entity 
     shall have--
       ``(I) 30 days to review the audit, evaluation, inspection, 
     or non-investigative report beginning on the date of 
     publication of the audit, evaluation, inspection, or non-
     investigative report; and
       ``(II) the opportunity to submit a written response for the 
     purpose of clarifying or providing additional context as it 
     directly relates to each instance wherein an audit, 
     evaluation, inspection, or non-investigative report 
     specifically identifies that non-governmental organization or 
     business entity; and
       ``(iii) if a written response is submitted under clause 
     (ii)(II) within the 30-day period described in clause 
     (ii)(I)--
       ``(I) the written response shall be attached to the audit, 
     evaluation, inspection, or non-investigative report; and
       ``(II) in every instance where the report may appear on the 
     public-facing website of the Inspector General, the website 
     shall be updated in order to access a version of the audit, 
     evaluation, inspection, or non-investigative report that 
     includes the written response.
       ``(B) Subparagraph (A) shall not apply with respect to a 
     non-governmental organization or business entity that refused 
     to provide information or assistance sought by an Inspector 
     General during the creation of the audit, evaluation, 
     inspection, or non-investigative report.
       ``(C) An Inspector General shall review any written 
     response received under subparagraph (A) for the purpose of 
     preventing the improper disclosure of classified information 
     or other non-public information, consistent with applicable 
     laws, rules, and regulations, and, if necessary, redact such 
     information.''.
       (b) Retroactive Applicability.--During the 30-day period 
     beginning on the date of enactment of this Act--
       (1) the amendment made by subsection (a) shall apply upon 
     the request of a non-governmental organization or business 
     entity named in an audit, evaluation, inspection, or other 
     non-investigative report prepared on or after January 1, 
     2019; and
       (2) any written response submitted under clause (iii) of 
     section 5(g)(6)(A)of the Inspector General Act of 1978 (5 
     U.S.C. App.), as added by subsection (a), with respect to 
     such an audit, evaluation, inspection, or other non-
     investigative report shall attach to the original report in 
     the manner described in that clause.

     SEC. 5195. REVIEW RELATING TO VETTING, PROCESSING, AND 
                   RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND 
                   THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

       (a) In General.--In accordance with the Inspector General 
     Act of 1978 (5 U.S.C. App.), the Inspector General of the 
     Department of Homeland Security, jointly with the Inspector 
     General of the Department of State, and in coordination with 
     any appropriate inspector general established by that Act or 
     section 103H of the National Security Act of 1947 (50 U.S.C. 
     3033), shall conduct a thorough review of efforts to support 
     and process evacuees from Afghanistan and the Afghanistan 
     special immigrant visa program.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the systems, staffing, policies, and 
     programs used--
       (1) to the screen and vet such evacuees, including--
       (A) an assessment of whether personnel conducting such 
     screening and vetting were appropriately authorized and 
     provided with training, including training in the detection 
     of fraudulent personal identification documents;
       (B) an analysis of the degree to which such screening and 
     vetting deviated from United States law, regulations, policy, 
     and best practices relating to--
       (i) the screening and vetting of parolees, refugees, and 
     applicants for United States visas that have been in use at 
     any time since January 1, 2016, particularly for individuals 
     from countries with active terrorist organizations; and
       (ii) the screening and vetting of parolees, refugees, and 
     applicants for United States visas pursuant to any mass 
     evacuation effort since 1975, particularly for individuals 
     from countries with active terrorist organizations;
       (C) an identification of any risk to the national security 
     of the United States posed by any such deviations;
       (D) an analysis of the processes used for evacuees 
     traveling without personal identification records, including 
     the creation or provision of any new identification records 
     to such evacuees; and
       (E) an analysis of the degree to which such screening and 
     vetting process was capable of detecting--
       (i) instances of human trafficking and domestic abuse;
       (ii) evacuees who are unaccompanied minors; and
       (iii) evacuees with a spouse that is a minor;

[[Page S8399]]

       (2) to admit and process such evacuees at United States 
     ports of entry;
       (3) to temporarily house such evacuees prior to 
     resettlement;
       (4) to account for the total number of individual evacuated 
     from Afghanistan in 2021 with support of the United States 
     Government, disaggregated by--
       (A) country of origin;
       (B) age;
       (C) gender;
       (D) eligibility for special immigrant visas under the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) or section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; 
     Public Law 109-163) at the time of evacuation;
       (E) eligibility for employment-based nonimmigrant visas at 
     the time of evacuation; and
       (F) familial relationship to evacuees who are eligible for 
     visas described in subparagraphs (D) and (E); and
       (5) to provide eligible individuals with special immigrant 
     visas under the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8) and section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 (8 
     U.S.C. 1101 note; Public Law 109-163) since the date of the 
     enactment of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note; Public Law 111-8), including--
       (A) a detailed step-by-step description of the application 
     process for such special immigrant visas, including the 
     number of days allotted by the United States Government for 
     the completion of each step;
       (B) the number of such special immigrant visa applications 
     received, approved, and denied, disaggregated by fiscal year;
       (C) the number of such special immigrant visas issued, as 
     compared to the number available under law, disaggregated by 
     fiscal year;
       (D) an assessment of the average length of time taken to 
     process an application for such a special immigrant visa, 
     beginning on the date of submission of the application and 
     ending on the date of final disposition, disaggregated by 
     fiscal year;
       (E) an accounting of the number of applications for such 
     special immigrant visas that remained pending at the end of 
     each fiscal year;
       (F) an accounting of the number of interviews of applicants 
     for such special immigrant visas conducted during each fiscal 
     year;
       (G) the number of noncitizens who were admitted to the 
     United States pursuant to such a special immigrant visa 
     during each fiscal year;
       (H) an assessment of the extent to which each participating 
     department or agency of the United States Government, 
     including the Department of State and the Department of 
     Homeland Security, adjusted processing practices and 
     procedures for such special immigrant visas so as to vet 
     applicants and expand processing capacity since the February 
     29, 2020, Doha Agreement between the United States and the 
     Taliban;
       (I) a list of specific steps, if any, taken between 
     February 29, 2020, and August 31, 2021--
       (i) to streamline the processing of applications for such 
     special immigrant visas; and
       (ii) to address longstanding bureaucratic hurdles while 
     improving security protocols;
       (J) a description of the degree to which the Secretary of 
     State implemented recommendations made by the Department of 
     State Office of Inspector General in its June 2020 reports on 
     Review of the Afghan Special Immigrant Visa Program (AUD-
     MERO-20-35) and Management Assistance Report: Quarterly 
     Reporting on Afghan Special Immigrant Visa Program Needs 
     Improvement (AUD-MERO-20-34);
       (K) an assessment of the extent to which challenges in 
     verifying applicants' employment with the Department of 
     Defense contributed to delays in the processing of such 
     special immigrant visas, and an accounting of the specific 
     steps taken since February 29, 2020, to address issues 
     surrounding employment verification; and
       (L) recommendations to strengthen and streamline such 
     special immigrant visa process going forward.
       (c) Interim Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State shall submit to the appropriate 
     congressional committees not fewer than one interim report on 
     the review conducted under this section.
       (2) Form.--Any report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given the term in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.), as amended by this Act.
       (B) Screen; screening.--The terms ``screen'' and 
     ``screening'', with respect to an evacuee, mean the process 
     by which a Federal official determines--
       (i) the identity of the evacuee;
       (ii) whether the evacuee has a valid identification 
     documentation; and
       (iii) whether any database of the United States Government 
     contains derogatory information about the evacuee.
       (C) Vet; vetting.--The term ``vet'' and ``vetting'', with 
     respect to an evacuee, means the process by which a Federal 
     official interviews the evacuee to determine whether the 
     evacuee is who they purport to be, including whether the 
     evacuee poses a national security risk.
       (d) Discharge of Responsibilities.--The Inspector General 
     of the Department of Homeland Security and the Inspector 
     General of the Department of State shall discharge the 
     responsibilities under this section in a manner consistent 
     with the authorities and requirements of the Inspector 
     General Act of 1978 (5 U.S.C. App.) and the authorities and 
     requirements applicable to the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Department of State under that Act.
       (e) Coordination.--Upon request of an Inspector General for 
     information or assistance under subsection (a), the head of 
     any Federal agency involved shall, insofar as is practicable 
     and not in contravention of any existing statutory 
     restriction or regulation of the Federal agency from which 
     the information is requested, furnish to such Inspector 
     General, or to an authorized designee, such information or 
     assistance.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the ability of the Inspector General of 
     the Department of Homeland Security or the Inspector General 
     of the Department of State to enter into agreements to 
     conduct joint audits, inspections, or investigations in the 
     exercise of the oversight responsibilities of the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Department of State, in accordance 
     with the Inspector General Act of 1978 (5 U.S.C. App.), with 
     respect to oversight of the evacuation from Afghanistan, the 
     selection, vetting, and processing of applicants for special 
     immigrant visas and asylum, and any resettlement in the 
     United States of such evacuees.
                                 ______